Thanks to Dan Trudeau of Rust Consulting for recommending a useful article authored by his colleague Tiffaney Allen entitled Anticipating Claims Filing Rates in Class Action Settlements. The article is dated November 2008, but it was new to me. The article provides only a basic summary of the many factors that can impact settlement claims rates, but it [...]
Posts Tagged ‘claims made settlement’
Predicting Claims Rates in Class Action Settlements
Posted in Practice Tips, tagged claim rate, claims filing rate, claims made settlement, claims rate, class action settlement, common fund settlement, notice administrator, settlement benefits, settlement claim, take rate on May 20, 2009 | Leave a Comment »
As Close as I Can Get to a Commentary on Cy Pres
Posted in Class Action Trends, Commentary, International Class Action Law, Other class action blogs, Practice Tips, tagged claims made settlement, class action fund, class action settlement, class award distribution, cy pres, fluid recovery on August 11, 2008 | 6 Comments »
I’m not sure if it is by coincidence or not, but the use of the cy pres doctrine in class actions has been the subject of criticism from several different sources over the past couple of weeks. Cy pres, loosely translated from its original French “cy-près,” means “as near as possible” or “as near as may be.” The doctrine arises out of [...]
Facing the Threat of Government Action Following a Class Action Settlement
Posted in Articles, Class Action Trends, Practice Tips, tagged attorney general action, CAFA, claims made settlement, class action settlement, FTC, government enforcement action, parens patriae on July 18, 2008 | 1 Comment »
It is well-established that a properly tailored class action settlement release can preclude future actions by absent class members, even those who don’t respond to or otherwise participate in the settlement. (As an example, see this recent Eleventh Circuit Court of Appeals opinion). So, in agreeing to a class action settlement, the defendant assumes that it is buying [...]
Claims-Made Settlements In Consumer Class Actions
Posted in Articles, Class Action Settlements, Class Action Trends, Practice Tips, tagged claims made settlement, class action settlement, coupon settlement, fairness hearing, preliminary approval, settlement fund on June 11, 2008 | 1 Comment »
This article on claims-made settlements appeared originally in the guest column section of the March 10, 2008 issue of ProductLiabilityLaw360. Under the submission guidelines, I retain copyrights to the article, but I was required to wait at least three months before reprinting the article elsewhere. Claims-Made Settlements In Consumer Class Actions Monday, Mar 10, 2008 — In recent years, commentators, [...]
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Long Live the Reversionary, “Claims-Made” Settlement
Posted in Class Action Settlements, Commentary, tagged claims made settlement, class action reform, class action settlement, cy pres, reversion, reversionary settlement on February 23, 2010 | Leave a Comment »
The other day, a colleague tipped me off to a December 2009 blog posting by Oakland, California employment and civil rights attorney Bryan Schwartz entitled Death to the Reversionary, “Claims-Made” Settlement, a thoughtful, well-written article with which I completely disagree and to which I felt compelled to respond. Schwartz is critical of what he alternatively calls [...]
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